The Residential Tenancy Branch ruled in my favour. They granted me a monetary order. But my landlord won’t pay up. How do I get the compensation I’m owed?

It’s frustrating when someone who owes you money doesn’t even reply to your communications. Here’s a flow chart breaking down the process of enforcing a monetary order. Let's look at each step in the process.

Step 1. Write a demand letter

First, send a demand letter to the landlord. Attach a copy of the order. In your letter:

• ask them to do what the order says (that is, to return the deposit)

• include the address where the landlord can send the payment

• set a clear and reasonable deadline for payment

• let them know you will pursue the matter in small claims court if they do not pay by the deadline

There are different ways you can serve the letter and order. Consider sending them by registered mail. This provides proof they were sent and received.

The landlord has 15 days to apply for a review of the Residential Tenancy Branch’s decision. If you still haven’t received payment after 15 days, check in with the Residential Tenancy Branch. If the landlord didn’t request a review, you can move on to the next step. (It’s a good idea to wait until the deadline you gave for payment in the demand letter has passed too.)

Step 2. File the order in court

The next step is to file the monetary order with a Provincial Court registry. The filing fee is $21. (You can add this to your claim to recover the filing cost.) The registry will likely ask you for proof that you served the monetary order. Here is the court's confirmation of service form.

If everything is in order, the registry will stamp the order and give you a court file number. You may now use the Provincial Court enforcement processes to collect the money you’re owed. 

Step 3. Take enforcement steps

This might include scheduling a small claims court payment hearing. This small claims court guide has step-by-step instructions for how you, as a creditor, can do this. You’ll need to file and serve a summons on the landlord. At the payment hearing, the judge considers whether the debtor can pay the court order, and whether to set up a payment schedule. (Note the costs of your application for the hearing will be added to the amount the landlord must pay you.)

You can use the information you get at the payment hearing to help collect your judgment. For example, you might decide to seek a garnishing order. If the landlord has income or bank accounts, you might be able to have funds garnished (taken) to pay the judgment. Here are the steps to seeking a garnishing order, including links to the forms you'll need to file.

Another option is to hire a collection agency to help you collect on the debt. Collection agencies typically charge between 25% and 50% of the amount of the debt they recover. 

Who can help

The Tenant Resource & Advisory Centre might be able to help you enforce a Residential Tenancy Branch monetary order through small claims court.